Independent Contractors and Workmans’ Compensation in Georgia: Are You Covered?

• March 10, 2025
• Attorney David Mann
• Workers' Compensation

You were hired to provide ongoing assistance at a construction site. You were classified as an independent contractor by the company that hired you.  During one visit to the site, you slipped and fell on an oil spot, seriously injuring your back. You decide to file a workers’ compensation claim but were told you did not qualify because you are not considered an employee. What should you do?

A designation as an independent contractor, as opposed to an employee, can be a complex undertaking. In many cases, independent contractors in Georgia are misclassified as employees by employers who do not know the proper rules and regulations for doing so. The bottom line is: If you were designated as an independent contractor, you may actually be an employee under the law, and thus may qualify for workers’ compensation benefits.

In this blog post, we will discuss whether you are covered for workers’ compensation in Georgia if you are classified as an independent contractor.

Independent Contractors vs. Employees

The first step in determining whether you qualify for workers’ compensation after an accident on the job is to understand whether you are an independent contractor or an employee.  Some of the differences between the two include:

• Control over work – Employees in Georgia work under supervisors and have less control over their work than independent contractors.  Independent contractors, like the name suggests, work under highly independent circumstances, with less supervision.
• Taxes – Independent contractors are responsible for paying their own employment taxes.  An employee’s taxes are withheld by the employer directly out of their paychecks.
• Benefits – Employees will usually receive benefits from the company.  These benefits include health insurance, paid time off, and retirement plans like a 401k.  Independent contractors must provide these types of benefits themselves, out of their own pockets.

When Independent Contractors May Be Covered

There are a few situations when independent contractors are covered by workers’ compensation. Although rare, it is important to discuss them here.  Some of these situations are:

There is a concept in the construction industry called “statutory employees.” General contractors are serviced by numerous subcontractors. If you work for a subcontractor who is working for a general contractor, you may be covered by workers’ compensation if you are injured on the job.  If a subcontractor fails to carry workers’ compensation insurance, workers may be covered by the general contractor.

Some of the factors used in determining statutory employee status include:

• The type of work performed by the employee
• What the relationship is with the entity that hires the worker
• The control that the hiring entity has over the employee.

If you are an independent contractor, you may think you are not covered by workers’ compensation insurance.  You should speak with an experienced Georgia workers’ compensation lawyer to discuss your options.

How to Determine Your Eligibility

If you are an independent contractor and are injured on the job, you can use the following to figure out if you are eligible for workers’ compensation.

• Review your contract – You should look at your contract with the company that hired you.  Even if your contract labels you as an independent contractor, you may be misclassified.
• Assess level of control – This is a major factor in determining independent contractor/employee status.  The more control your hiring entity has over you and your work, the more likely you are to be considered an employee.  Questions you may ask yourself include: Can you work for other companies? Do you set your own schedule?
• Speak with a workers’ compensation lawyer – If you are injured on the job, an experienced and knowledgeable workers’ compensation lawyer can help you through the complexities of workers’ compensation insurance.

Options if You’re Not Covered by Workers’ Comp

If you are injured on the job and it is determined that you are not covered by workers’ compensation insurance, there are still options available.  You may still be able to get compensation for your injuries.

• Personal injury lawsuit – You do have the option to file a personal injury lawsuit, but you will need to prove that a third party was at fault.  If your injury was not caused by another person, you are unlikely to succeed in a personal injury lawsuit.
• Negotiating with the hiring entity – Your lawyer can speak to the entity that hired you and come to a settlement instead of filing a personal injury lawsuit.
• Look at other insurance policies – If you are an independent contractor, you may have your own health insurance. You may be eligible for compensation or benefits as part of your own insurance.

How a Workers’ Compensation Lawyer Can Help

You don’t have to go through the claims process alone. An experienced workers’ compensation lawyer can help you by:

• Determining your status – A Georgia workers’ compensation lawyer can examine your specific situation and determine whether you qualify as an employee.
• Filing a workers’ compensation claim – Your lawyer can help you fill out the necessary paperwork, in the correct manner, to increase the odds of being approved.
• Filing a personal injury lawsuit – A lawyer can file a lawsuit in court if the option is available.
• Negotiate a settlement – Your lawyer can negotiate with the hiring entity to come up with a fair settlement.

Call the Mann Law Firm Today to Discuss Your Georgia Workers’ Compensation Claim

The attorneys at the Mann Law Firm have the knowledge and experience to help you with your workers’ compensation claim. We understand how insurance companies work. In fact, David Mann used to work as in-house defense counsel for a large insurance company, so he knows the tactics they use to deny claims. At the Mann Law Firm, we will sit down with you at our first meeting and discuss all of the options available to you. We truly care about our clients. So, give us a call today at (478) 742-3381 to discuss your case. At the Mann Law Firm, you always come first.